Which route to take to Sue the Home Office

[Blitz]

Hi all. I am in a bit of a pickle as to the right route to take here.

In April this year, the Home Office attempted to remove me. It was a brutal raid in front of my
toddler while we were in the middle of a shower. A brief background to the story is this:

- Entered UK in December after 10 months in EEA country
- I held an article 10 RC
- Got an EEA ink stamp (6 months) upon entry last year December
- Applied to exchange my non-EU license with the DVLA in January (this is what triggered the enforcement
action even though I submitted passport and EU RC with ink stamp)
- April the Home Office came for me after seizing passport. I was not allowed to dress up appropriately or prove I wasn't "illegal" as they claimed
- Fortunately I caught some of the incident on my smartphone
- Which is what changed their approach
- Was arrested in prone position for best part of 40 mins
- They tried to unlock my phone to delete evidence but it had a screenlock. Took out battery instead
- They scrambled on what to do next, one suggested they "ring up child services to take my toddler
so they detain me the other said well he has evidence so can't do that"
- They decided to call police instead and finally do their job properly
- When police arrived I was finally allowed to get dressed and contact my wife who was at work
- After some enquiries on entry and our SS route I was "de-arrested" without further charge.

I got the badge number of the lead Immigration Officer. I also made a subject access request
but they blatantly refuse to disclose this information (think they know there is incriminating stuff on
there). They refused a certified copy of my id card, my EU RC or a photo certified by a solicitor as
per their guidance of Subject Access Request (SAR).

I submitted a complaint shortly after the raid through Home Office procedure but they are stalling
in publishing their investigations.

I sent a Pre-Action Protocol a month ago and they failed to respond. I have tried to get legal advice
from Immigration solicitors on the issue but because the raid has human rights violations and a violence in front of a minor, most say they are not competent on such a claim.

Also, following the raid I was issued with IS96, IS 151A and IS 151B signalling intention to detain and
remove me but I appealed that and successfully won.

My question is how to get justice on the raid specifically-
Do I make a claim under the Human Rights Act and malpractice in the Magistrates Court
OR
Go for a judicial review?

Thanks in advance.

[Obie]

That seems very severe.

So you have a child who i assume will be a British Child?



You were granted 6 Months Entry at Port?

Have you been issued a deportation order before under the UKBA Act 2007? Even then, such treatment is barbaric.

[Blitz]

Hi Obie.

Thank you for your response.

Yes my son holds British citizenship by descent through my wife and he witnessed his
old man being brutalised.

As I mentioned in my original post, I was issued an EEA1 ink stamp for 6 months which
was still in date at the time of the raid.

"Have you been issued a deportation order before under the UKBA Act 2007? Even then, such treatment is barbaric."

I think its important to make a distinction here. When they attempted to remove me, they did so with
just a search warrant.

The subsequent IS96, IS151A and IS151B were issued 2 weeks after the raid. Maybe it was to try and
scare me I don't know.

I am just thinking of how to move forward to get justice and which route will inflict maximum
damage on the Home Office and be best for me and my family.

[Obie]

You need to answer my question. I am not judging you or anything. I am just seeking to establish why they did this.

[Blitz]

You need to answer my question. I am not judging you or anything. I am just seeking to establish why they did this.

I was only issued a Search warrant during the raid and no removal directions were set, just verbal confirmation of their intention to detain and remove me.

However when I went for my appeal against the decisions in the mentioned forms, the Home Office Presenting Officer produced another form at the hearing IS 126E. In that it states "The subject was a target of a hot task enforcement raid. Home Office records indicated he entered legally but there was no record of the subject holding valid leave to remain". Then it goes on to explain the raid and how "I wasn't compliant" and "extremely violent" (apparently).

So in my opinion why they did this is quite clear- they wanted to enforce removal after the DVLA tipped them off which I don't understand why the DVLA did that given the evidence I submitted.

[Obie]

If the immigration officer gave you 6 months stamp. Then you were here lawfully. It matters not what they think.

Unless they are suggesting you obtaining entry by deception.

[Blitz]

If the immigration officer gave you 6 months stamp. Then you were here lawfully. It matters not what they think.

Unless they are suggesting you obtaining entry by deception.

Yes, it was an unlawful removal with Human Rights Violations. Hence me wanting to escalate it to litigation.

[Obie]

Have you been removed from the Jurisdiction? or you are still in the UK?

[Blitz]

Have you been removed from the Jurisdiction? or you are still in the UK?

I am still in Britain.

[Obie]

Have you resolved your immigration status.

If you were issued leave under the Regulations, then you may have a case under EU law. Not sure the nature of the convention rights breach.

[Blitz]

Have you resolved your immigration status.

If you were issued leave under the Regulations, then you may have a case under EU law. Not sure the nature of the convention rights breach.

I won my appeal against removal and the First Tier Tribunal judge confirmed I meet the EEA regulations.

I have since submitted a UKRC application and received Confirmation of Application but I am expecting
another fight despite me winning an appeal previously.

There were breaches of the Human Rights Act and I have evidence. It is the legal avenue I am trying to figure out since most immigration lawyers I have consulted have said they have never dealt with such a complex case.

[Obie]

There is a pathway to challenge any oppressive treatment or breach of your EU law rights.

[Blitz]

There is a pathway to challenge any oppressive treatment or breach of your EU law rights.

Please elaborate

[gillacious_505]

Absolutely pathetic. Enforcement team has clearly nothing better to do. A person with even - ve IQ would think twice to pursue a raid in this situation. This just got me fuming. Grrrr!

[khers]

Good Morning,

This is just outrageous. I cannot believe they are going so far.

I suggest you keep escalating the complaint through the Home Office's procedure, they will keep mostly not upholding your complaints, but at one point you will be able to go to the Ombudsman. Try to involve your local Member of Parliament (MP), except if it is a tory of course (they don't like to help in these cases).

At the same time you should sue HO and the officers in front of a Court of Law. You should raise the issue of damages and arbitrary detention, and psychological trauma to your child, besides it's important what you've been suggested about claiming Human Rights violations on European Law, so you can raise the issue further to the European Court of Justice if necessary. But a serious British judge I can assure you will see the validity of your claim in a courtroom.

Best of luck, and I hope you win and give a lesson to those bad officers. My solidarity to you and to your family.

Best Regards,

[tmonaghan]

It's difficult to make a rational decision when events like this get to you. What you need now is peace of mind hence my question whether or not it is worth pursuing the matter to get justice? I mean if you have been granted leave to remain or right to settle under EEA Law is it worth years of battle and waste of money? I hope you'll get some closure quick. This way you'll be able to assess the situation and perhaps decide to leave things at it for you to focus on ways to make your life better...? At the end of the day as you said you have it on tape; so that evidence can always serve you if you need to escalate the issues in the future.

[Wise]

It's a pity for something like this to have happened. And it won't stop if many of us are scared to sue HO if they're wrong.

Moreover, they did all of this in front of a minor. In my own opinion try and search the entire UK to look for a very compitent solicitor and it may involve few pound and I pray you can afford it or go into aggrement with compensation package between both parties.

Lastly try to play smart, allow them to issue your RC first and start the case with them as they knew they were at fault and they will be waiting for any legal action from your end if you know right. But if your application drag on more than six month then you may start the legal case against them.

Good luck.

[Blitz]

@khers
Unfortunately my MP is indeed a Tory. That said, he has been very helpful and really pressed the
Home Office on my behalf. From the correspondence he received (and FW to me) the Home Office :
1. Admit to a so called "hot tasked enforcement visit"
2. Admit to negligence of supposedly 'not checking the passport'. I don't buy that. I find it difficult
to believe that the DVLA and the Home Office were willfully ignorant of such hard evidence presented
to them. If they can't even check documents then what on earth is their job? Each time I have encountered
immigration the first thing they do is check your passport and I.D. So I find that difficult to believe.
In my opinion they just wanted to remove me pronto and chuck me on a charter flight as they have been
known to do such things.

One thing my Immigration solicitor suggested (who represented me at the
First Tier Tribunal) was to also bring criminal charges against the Officers. Problem is, I don't know who
they are (because they refuse to issue me my SAR) and they flat out refused to identify themselves on
the day.

But thank you for your input.

[Blitz]

It's difficult to make a rational decision when events like this get to you. What you need now is peace of mind hence my question whether or not it is worth pursuing the matter to get justice? I mean if you have been granted leave to remain or right to settle under EEA Law is it worth years of battle and waste of money? I hope you'll get some closure quick. This way you'll be able to assess the situation and perhaps decide to leave things at it for you to focus on ways to make your life better...? At the end of the day as you said you have it on tape; so that evidence can always serve you if you need to escalate the issues in the future.

I appreciate where you are coming from. However the psychological damage has been done to myself, my little one and my wife. Our home was violated and the very fabric of the family unit threatened. I was taught to always stand up for myself growing up and in these circumstances it is very important to stand up for myself and my family. If the Home Office could do that then, there is nothing stopping them doing it again. I have read about charter flights and how they like to deport people without following due procedure. If I don't challenge this in the courts then I leave myself exposed. Also the appeal remember was against removal and not the UK Residency Card. It just means legally they are not allowed to remove me. But as this case illustrates sometimes the Home Office are the law unto themselves.

[Blitz]

It's a pity for something like this to have happened. And it won't stop if many of us are scared to sue HO if they're wrong.

Moreover, they did all of this in front of a minor. In my own opinion try and search the entire UK to look for a very compitent solicitor and it may involve few pound and I pray you can afford it or go into aggrement with compensation package between both parties.

Lastly try to play smart, allow them to issue your RC first and start the case with them as they knew they were at fault and they will be waiting for any legal action from your end if you know right. But if your application drag on more than six month then you may start the legal case against them.

Good luck.

Thank you. That is exactly right- if the Home Office mess up they should be brought to justice. If I don't challenge what happened to me, it's going to happen to someone else. We are indeed looking for good solicitors- fortunately my parents will be helping us fund the legal costs. Otherwise we would be stuck.

As for your last point- the difficulty is any court action has time limits. If I wait until November (6 months until Residency Card Decision) then I think I will be past the time limits of the courts. But otherwise it was a good tactical suggestion.

[ElizabethApricot]

While I don't know exactly how you should pursue justice, I just wanted to say I would do the same thing if I were in your shoes (sue or press criminal charges, once the officers are identified). What happened to you and your family is really outrageous.

[Blitz]

While I don't know exactly how you should pursue justice, I just wanted to say I would do the same thing if I were in your shoes (sue or press criminal charges, once the officers are identified). What happened to you and your family is really outrageous.

Thank you. It really was barbaric behaviour and negligence of the highest order.

[khers]

@khers
Unfortunately my MP is indeed a Tory. That said, he has been very helpful and really pressed the
Home Office on my behalf. From the correspondence he received (and FW to me) the Home Office :
1. Admit to a so called "hot tasked enforcement visit"
2. Admit to negligence of supposedly 'not checking the passport'. I don't buy that. I find it difficult
to believe that the DVLA and the Home Office were willfully ignorant of such hard evidence presented
to them. If they can't even check documents then what on earth is their job? Each time I have encountered
immigration the first thing they do is check your passport and I.D. So I find that difficult to believe.
In my opinion they just wanted to remove me pronto and chuck me on a charter flight as they have been
known to do such things.

One thing my Immigration solicitor suggested (who represented me at the
First Tier Tribunal) was to also bring criminal charges against the Officers. Problem is, I don't know who
they are (because they refuse to issue me my SAR) and they flat out refused to identify themselves on
the day.

But thank you for your input.

Dear Blitz,

Yes, I think from my humble point of view and from my personal experience you should present charges against the officers.I agree with your solicitor. You don't necessarily need to know their names, because that will be the task of the Chief Crown Prosecutor. Arbitrary detention is a felony and besides that you can demand damages reparation. I suggest you ask for the support of any organisation that can provide you with legal advice for this claim.

Regarding the MP, the response you've received means that you are partially upheld in your complaint, you should try to escalate the complaint to the Ombudsman that will be very helpful for a reparations procedure in the civil court.

THe best of luck,

James.

[tmonaghan]

I appreciate where you are coming from. However the psychological damage has been done to myself, my little one and my wife. Our home was violated and the very fabric of the family unit threatened. I was taught to always stand up for myself growing up and in these circumstances it is very important to stand up for myself and my family. If the Home Office could do that then, there is nothing stopping them doing it again. I have read about charter flights and how they like to deport people without following due procedure. If I don't challenge this in the courts then I leave myself exposed. Also the appeal remember was against removal and not the UK Residency Card. It just means legally they are not allowed to remove me. But as this case illustrates sometimes the Home Office are the law unto themselves.

I understand and you are absolutely within your rights to escalate this and to make your voice heard. I wish you good luck and hopefully you'll come back to the forum to update us on the progress of your intentions to legally challenge the HO...

[gillacious_505]

I appreciate where you are coming from. However the psychological damage has been done to myself, my little one and my wife. Our home was violated and the very fabric of the family unit threatened. I was taught to always stand up for myself growing up and in these circumstances it is very important to stand up for myself and my family. If the Home Office could do that then, there is nothing stopping them doing it again. I have read about charter flights and how they like to deport people without following due procedure. If I don't challenge this in the courts then I leave myself exposed. Also the appeal remember was against removal and not the UK Residency Card. It just means legally they are not allowed to remove me. But as this case illustrates sometimes the Home Office are the law unto themselves.

I understand and you are absolutely within your rights to escalate this and to make your voice heard. I wish you good luck and hopefully you'll come back to the forum to update us on the progress of your intentions to legally challenge the HO...

I agree with above. Your success would be a precedent and a motivation for other members who get bullied by HO everyday. So please keep the forum updated.